Photo AI
The doctrine of precedent allows for both consistency and flexibility - VCE - SSCE Legal Studies - Question 9 - 2010 - Paper 1
Question 9
The doctrine of precedent allows for both consistency and flexibility. Critically examine these two strengths of the doctrine of precedent.
Worked Solution & Example Answer:The doctrine of precedent allows for both consistency and flexibility - VCE - SSCE Legal Studies - Question 9 - 2010 - Paper 1
Step 1
The doctrine of precedent allows for consistency
Answer
The doctrine of precedent plays a crucial role in ensuring consistency in judicial decisions. It limits the possibility of prejudices or biases influencing legal rulings by obligating courts to follow established precedents in similar cases. This adherence promotes a degree of predictability in the law, allowing individuals and entities to understand the potential outcomes of their legal matters.
Moreover, the doctrine ensures that courts can rely on past decisions, thereby minimizing arbitrary outcomes. Courts are bound by earlier precedents unless they can demonstrate sufficient cause to overturn them, which further enhances legal stability. For instance, lower courts must respect the decisions made by higher courts, maintaining a structured hierarchy in the judicial system.
Step 2
The doctrine of precedent allows for flexibility
Answer
While the doctrine of precedent is rooted in consistency, it also embraces a level of flexibility. Judges have the discretion to distinguish cases based on their unique facts, which allows them to avoid rigid application of precedent. This ability is significant, particularly when previous rulings may not appropriately address the specific circumstances at hand.
Furthermore, the law can evolve over time as societal norms and values change. Judges can adapt precedents by overruling or revising them when necessary, thereby allowing the law to respond to contemporary issues. Such flexibility ensures that justice can be served while respecting the foundational principles of the legal system.